Denver Personal Injury Attorneys and Counselors at Law

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October 20, 2010

Hospital Malpractice Claims On The Rise

According to a new report published by Aon and the American Society for Healthcare Risk Management, medical malpractice claims against hospitals and healthcare providers are set to rise to more than 44,000 in 2009, an increase of five percent. The increase in claims has been attributed to an overall increase in the number of doctors being hired and, perhaps more predictably, a lack of tort reform. The study also cites the current recession as a reason for the increase in legal action.

Scott J. Eldredge, a senior shareholder and experienced medical malpractice attorney comments: "Each year, thousands of patients suffer life-changing injuries as a result of preventable medical mistakes. It is only fair that injured victims and their families have the right to claim adequate compensation for their suffering. To blame the current adverse economic climate and the apparent lack of tort reform as a reason for an increase in litigation does a great dis-service to my clients and the many thousands like them, who trusted their physicians and who were subsequently injured through no fault of their own."

Posted by Scott J. Eldredge at 12:27 PM | Permalink | Comments (0) | TrackBacks (0)

October 19, 2010

Burg Simpson Attorneys To Present At Annual Tort Law Update

Three Burg Simpson attorneys will be presenting papers at the Colorado Bar Association’s 2010 Annual Tort Law Update. Shareholder, Peter W. Burg and Special Counsel, George E. McLaughlin, will deliver an update to the Association’s members on product liability law and an area of federal law subject to recent litigation, preemption in generic drug cases. As part of their presentation, Peter and George will also discuss the implication of two cases scheduled for oral argument before the U.S. Supreme Court. Shareholder, Scott J. Eldredge, will provide delegates with a litigation update in the area of medical malpractice. The event takes place October 20, 2010 at the CBA-CLE Classroom, 1900 Grant Street, Denver, Colorado. Further information is available from www.cobar.org/cle

Posted by Scott J. Eldredge at 02:24 PM | Permalink | Comments (0) | TrackBacks (0)

D.C. Firefighters File Employment Class Action

More than forty firefighters have joined in a class action lawsuit against the Washington D.C. Fire Department to assert claims of race-based hostile working conditions and institutional racism. In the lawsuit, the Plaintiffs allege that the Fire Department routinely overlooked black firefighters for promotion, while others experienced disproportionate disciplinary action, compared to white colleagues. The complaint describes more than 30 specific examples of alleged discriminatory practices. According to media reports, as many as 1,000 current and former firefighters may join the class.

Posted by Diane V. Smith at 10:14 AM | Permalink | Comments (0) | TrackBacks (0)

October 18, 2010

Colorado Court of Appeal Ruling Important For Consumers

Colorado has dealt a blow to the insurance industry, after the Colorado Court of Appeals ruled that the pollution exclusion in a liability policy was ambiguous and therefore did not operate to exclude coverage. A bar in LaJunta, Colorado was sued by two city workers who were cleaning out a sewer line near the bar and were severely injured after inhaling hydrogen sulfide fumes. The hydrogen sulfide resulted from cooking oil and greasy water being poured into the sewer drain by the bar's employees. After the bar was found liable to the two employees for nearly $4 million, the employees sought insurance money from the bar's liability insurer, but the insurer denied coverage claiming the pollution exclusion applied. The Colorado Court of Appeals disagreed with the original trial court and the federal district court of Colorado, and held the pollution exclusion did not apply to the facts of this case because the exclusion was ambiguous and therefore unenforceable. The Court of Appeals pointed out that, if the insurance company's position were followed, it would lead to absurd results.

Thomas W. Henderson, a Burg Simpson shareholder who focuses on insurance issues, said: "This is an important decision for Colorado policyholders and consumers as it shows the insurance industry that Colorado Courts will carefully analyze cases before allowing an insurance company to escape liability by making absurd arguments, such as claiming that an exclusion applies when the facts or law don't support such a result."

Posted by Thomas W. Henderson at 08:26 AM | Permalink | Comments (0) | TrackBacks (0)

October 07, 2010

Fisher-Price Recalls 10 Million Toys

Fisher-Price has announced a recall of 10 million toys due to serious risk of injury. The company, in co-operation with the U.S. Consumer Product Safety Commission (CPSC), is advising consumers to immediately stop using numerous different types of Fisher-Price Trikes and Tough Trikes toddler tricycles after it emerged that a protruding D-shaped ignition key has the potential to cause serious injury, including genital bleeding. The recall of some seven million units was announced after 10 reported incidents resulting in injury emerged. Six of those incidents involved girls aged as young as two years old. The trikes were sold nationwide between January 1997 and September 2010.

Fisher-Price Toys Choking Hazard
Fisher-Price is also recalling two products that may potentially pose a choking hazard. Seven infant activity center models (some 2.8 million units) with inflated balls have been recalled after it emerged that the valve on these toys has the potential to come off. Furthermore, 100,000 Little People Wheelies Stand 'n Play Rampway toys have also been recalled, due to the potential for a wheel on the green and purple toy cars to come-off. See the full list of recalled infant activity centers and Wheelies Stand 'n Play Rampway toys.

Fisher-Price High Chair Laceration Hazard
Finally, 950,000 Fisher-Price high chairs have been recalled after the company became aware of 14 reported incidents of children falling against a peg on the rear of the high chair. At least seven of those children hurt are known to have required stitches after cutting themselves. See a list of recalled high chairs.
According to Seth A. Katz, a product liability lawyer with Burg Simpson, the scale of these recalls could have very serious implications for thousands of consumers across the United States.

“As a parent, I am shocked at the enormity of these recalls. Potentially, millions of young children have been needlessly put at risk. The issues surrounding toy safety standards have long been debated, no doubt these recalls will raise new questions.” Mr. Katz continues, “The timing of Fisher-Price’s decision to announce all these recalls at once cannot be a coincidence. It appears that the company is attempting to air its 'dirty laundry' all at once, no doubt in an attempt to prevent its stock price from taking multiple hits.”

If your child has been injured by a defective Fisher-Price toy, you may be entitled to money damages. Burg Simpson has successfully handled claims involving defective children’s toys for more than 30 years. For a free consultation call 1.888.895.2080 today.

Posted by Seth A. Katz at 06:57 PM | Permalink | Comments (0) | TrackBacks (0)

DePuy Hip Recall And Medical Release Forms

Burg Simpson is currently investigating claims regarding the recent DePuy ASR Hip recall. It has come to our attention that some doctors and medical facilities are writing to patients asking them to register for a claim number and to sign a medical release form, authorizing the disclosure of their health records.

Anyone who thinks that they have a product liability claim against DePuy should NOT SIGN ANYTHING, without first contacting an experienced attorney.

In our opinion, DePuy’s ‘offer’ may deceive potential claimants into believing that the company has actually agreed to advance or reimburse their costs for medical monitoring or revision surgery. In fact, no specific offer to pay medical costs has been made and no specific plan for reimbursement has been announced. Moreover, DePuy has stated that before reimbursement of expenses will be provided, it will review the patient’s medical records to determine if the patient meets DePuy’s criteria for payment.

According to DePuy, the medical records must confirm that the revision is related to the ASR recall and ‘not some other type of cause, such as a traumatic fall.’ Blaming the device failure on a fall, or another cause, such as physician error, pre-existing condition or underlying diseases is a standard litigation defense.

If you or a loved one has experienced serious pain or required corrective surgery following DePuy ASR XL Acetabular System implant, you may be entitled to compensation. Our award-winning medical device attorneys would be happy to review your records to determine whether you have a viable case against DePuy Orthopaedic Inc. Call toll-free 1-888-895-2080 to schedule a free consultation today

Posted by Seth A. Katz at 04:54 AM | Permalink | Comments (0) | TrackBacks (0)

October 03, 2010

Are Medical Mistakes Killing Thousands Each Year?

According to researchers at John Hopkins University, diagnostic errors may account for up to as many as 80,000 deaths each year, with diagnostic mistakes involving cancer are the most common. Over the last thirty years, diagnostic errors involving cancers have account for a large number of medical malpractice suits we have handled at Burg Simpson.

Missed or delayed diagnosis can occur for a variety of reasons, but when it does, the outcome can be very serious, and for some in can literally mean the difference between life and death. The effects of a failed or delayed cancer diagnosis can be devastating and may prevent a patient from receiving life-saving treatment, or being subjected to unnecessary, more aggressive treatment than otherwise would have been needed. When doctors fail to meet an applicable standard of care, it is only right that victims have the ability to seek both justice and compensation.

Posted by Scott J. Eldredge at 11:49 AM | Permalink | Comments (0) | TrackBacks (0)

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